Insights
Similarity Assessment in Trademark Applications Containing Low Distinctive Elements in the Light of the Court of Cassation Decisions
In trademark law, the existence of distinctive character is one of the main criteria for the registration of a trademark, and the overall impression of the trademarks and the elements they contain should be examined in detail when evaluating the likelihood of confusion between trademarks. In cases conducted by the European Union Intellectual Property Office (“EUIPO”), it is mentioned that, in addition to the distinctive elements of a trademark, the low distinctive elements… »
Approaches to Trademark Similarity in the Food Supplement Sector
A recent decision by the Court of Cassation regarding trademark similarity in the food supplements and vitamins sector offers a different perspective on the criteria for assessing trademark similarity. This decision provides valuable guidance for launching these products in compliance with both trademark law and sector-specific conditions. Background The decision of the 11th Civil Chamber of the Court of Cassation (“CoC”) dated May 28, 2024 (case no. E. 2023/911, K.… »
Changes to Administrative Trade Mark Revocation in Türkiye
For the first time in Turkey, the IP law enacted in 2017 introduced an administrative revocation procedure before the Turkish Patent and Trade Mark Office. However, to ensure a smooth transition, its implementation was delayed until 10 January 2024. Previously, actions for revocation of trade marks based on non-use were filed as a court action before the specialized IP courts. As of 10 January 10 2024, the Office has become responsible for handling revocation requests.… »
Navigating Türkiye’s Legal Landscape on Parallel Imports and Grey Market Goods
Parallel imports and grey market goods (ie, genuine products that have been imported into a country without the trademark owner's consent, after being legitimately placed on the market elsewhere] have long been a subject of legal and commercial tension worldwide, and a main topic for discussions around trademark rights. Most countries apply a national or regional exhaustion of trademark rights. However, Article 7 of the Turkish Industrial Property Code 6769 (IP Code]. which… »
Applying Presumption of Patent Infringement Against Biosimilars
Before filing lawsuits to assert patent rights against generics or biosimilars, the patent holder essentially operates in the dark. This is because, particularly in cases where the summary of product characteristics (“SmPC”) of the biosimilar/generic drug has not yet been published, or when it is not clear from the limited information in the SmPC whether the patent has been infringed, the relevant sections of the biosimilar/generic product's dossier must be examined to assess… »
Enforcement of Foreign Judgments 2026 in Türkiye
Legislation Treaties Is your country party to any bilateral or multilateral treaties for the reciprocal recognition and enforcement of foreign judgments? What is the country’s approach to entering into these treaties, and what, if any, amendments or reservations has your country made to such treaties? Except for those on family law, Türkiye is not a signatory to multilateral treaties for the reciprocal recognition and enforcement of foreign judgments. However, Türkiye is a… »
Regulations Regarding Direct Sales Models
With the Regulation on Direct Sales (“Regulation”) published in the Official Gazette dated 8 August 2025 and numbered 32980, direct sale systems have been re-regulated, which are sales systems established by a direct sale company and in which direct sellers (who are not employed by the relevant direct sale company under an employment contract but rather act as independent representatives, distributors, consultants or under similar titles, and engage in return for benefits… »
Türkiye’s Healthcare System Undergoes Major Legal Reforms
On July 24, 2025, Türkiye introduced the Law Amending Certain Laws Related to Health (“the Law No. 7557), a wide-ranging reform aimed at modernizing and improving its healthcare industry. This legislation comes at a time when rapid social and economic changes, advancing technology, and growing healthcare demands require continuous adaptation and improvement of the healthcare system. Over the years, Türkiye has made significant progress in expanding healthcare access… »
Implementation of Discovery of Evidence in Patent Law
One of the most important temporary protection measures regulated by Turkish law is the determination of evidence. The implementation of determination of evidence, which is regulated in Articles 400 et seq. of the Code of Civil Procedure No. 6100 and is subject to simple legal procedure, may be requested for the purpose of making a discovery, obtaining an expert examination or taking witness statements in order to determine facts that have yet to be examined in a pending… »
Personal Data Protection in Turkiye and Worldwide in Light of TikTok Decisions: Children's Data and Cross-Border Data Transfer
Personal data protection has become a critical area that has rapidly gained importance both in Türkiye and worldwide in recent years. With the impact of digitalization, individuals generate increasing amounts of personal data in their daily lives, which in turn raises societal sensitivity regarding data security and privacy awareness. In this context, regulatory authorities are tightening oversight of data processing activities; particularly, technology companies are… »
Recommendations by the Turkish Personal Data Protection Authority on the Protection of Personal Data in the Field of Artificial Intelligence
With the advancement of artificial intelligence technologies, the emergence of new risks—particularly in relation to the protection of personal data—has increased the need for concrete guidance for developers, manufacturers, and service providers in this field. Due to the current gaps in legislation, relevant public institutions and authorities have been publishing various proposals, decisions, and recommendations on the subject. The Personal Data Protection Authority… »
The Personal Data Protection Board Issued a Principle Decision on the Processing of Personal Data Through SMS Verification Codes Sent to Customers Almost by Force During the Provision of Products and Services in Stores
In recent years, it has become increasingly common for stores to request contact information from individuals during purchases and/or to obtain their explicit consent by sending a verification code via SMS, after which commercial electronic messages are sent to the provided contact details for advertising purposes. Due to the growing number of complaints from consumers and the widespread nature of this practice, the Personal Data Protection Board (“Board”) issued a Board… »